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TODAY'S TOP DEVELOPMENTS Friday, October 2, 2015   Industry news, expert analysis, and daily updates on the most significant insurance coverage legal developments—from the insurance and legal experts of The National Underwriter Company.  CASE LAW Superstorm Sandy Court Finds Accord and Satisfaction in Superstorm Sandy Case The U.S. District Court for New Jersey has granted an insurer’s motion for summary judgment in a Superstorm Sandy case, finding that the doctrine of accord and satisfaction barred the insured’s claims where it had deposited a check that the insurer had sent counsel for the insured with letters proposing a settlement. Read More Attorney's Fees Maine Federal District Court Orders Insurer to Pay Attorneys’ Fees of Insured and Assignee, Relying on Maine Statute and Common Law – and on Federal D.J. Act In a declaratory judgment action, a federal district court in Maine has ordered the insurance carrier to pay the attorneys’ fees of the insured and her assignee incurred in the declaratory judgment action and in the underlying litigation brought by the assignee against the insured. In its decision, the district court relied on a Maine fee-shifting statute and Maine common law – and on the federal declaratory judgment act. Read More Commercial General Liability Nebraska Supreme: Insurer Not Liable for Defense Costs Where Insured Settled Suit Before Notifying Insurer The Nebraska Supreme Court has ruled that an insurer was not liable for defense costs where defense of a claim had concluded before the insured had brought the suit to the attention of the insurer and after the parties had entered into a final settlement agreement, reasoning that the “complete lack of an opportunity to engage in the defense” had been “prejudicial to the insurer.” Read More Automobile Insurance Insurer May Not Cancel Auto Policy Based on License Suspension Imposed for Underage Alcohol Consumption, Pennsylvania Court Rules A Pennsylvania court has ruled that Pennsylvania law prohibits an insurance company from cancelling an automobile insurance policy based on a license suspension imposed for underage alcohol consumption. Read More View All Case Law Developments    LEGISLATIVE/REGULATORY Health Insurance Pennsylvania Insurance Commissioner Says Consumers Will Not Have to Pay Out-of-Network Costs If Insurer’s Provider Directory Is Out-of-Date Pennsylvania Insurance Commissioner Teresa Miller has said that consumers should not pay higher out-of-network costs if they use a health care provider who is out-of-network but, at the time the service was provided, was listed in his or her insurer’s provider directory as in-network. Read More Flood N.Y. Assemblyman Seeks National Coalition on Flood Insurance Reform New York State Assemblyman Phil Goldfeder (D - Rockaway Beach) has written letters to Congressional representatives in Louisiana and Mississippi to request meetings and encourage collaboration on flood insurance reform. Read More View All Legislative/Regulatory Developments      INDUSTRY NEWS Aon Identifies Seven Emerging Risk Opportunities for Insurance Growth Read More One-Third of Small Businesses in America Have Been Hit by Disasters, Data Shows Read More Employer Family Health Premiums Rise Four Percent to $17,545, Kaiser Family Foundation Finds Read More Zurich Supports First Tests of Automated Transport Systems with Self-Driving Buses Across Europe Read More Insurance Recovery Litigator Nicholas A. Thede Joins Ball Janik Read More View All Industry News   Q&A Snow Blower as Yard Equipment Browse our entire library of over 2,500 insurance resources and forms.    INSURANCE COVERAGE  LAW REPORT View Entire Septmeber/October Insurance Coverage Law Report   View Insurance Coverage Law Report Archives   Steven A. Meyerowitz, ESQ. Director, FC&S Legal smeyerowitz@alm.com Victoria Prussen Spears, ESQ. Associate Director, FC&S Legal vspears@alm.com FC&S Legal Editorial Advisory Board Mitchell J. Auslander, Willkie Farr & Gallagher LLP Carrie Cope, Schuyler, Roche & Crisham, P.C. Anjali C. Das, Wilson Elser John F. Finnegan, Chadbourne & Parke LLP Michele L. Jacobson, Stroock & Stroock & Lavan LLP Timothy P. Law, Reed Smith LLP Cort T. Malone, Anderson Kill, P.C. Richard D. Milone, Kelley Drye & Warren LLP Joseph P. Monteleone, Rivkin Radler LLP Anne M. Murray, Rivkin Radler LLP Jerold Oshinsky, Kasowitz, Benson, Torres & Friedman LLP Seth B. Schafler, Proskauer Rose LLP Thomas F. Segalla, Goldberg Segalla David D. Thamann, The National Underwriter Company FC&S Daily Legal Report ($1,295 annual subscription) is included as part of your subscription to FC&S Legal: The Insurance Information Center. FC&S Daily Legal Report and The Insurance Coverage Law Report are publications of The National Underwriter Company. For more information, visit www.fcandslegal.com. To subscribe to FC&S Legal, please contact customer service at 1-800-543-0874 or customerservice@nuco.com. FC&S Legal: The Insurance Coverage Law Information Center    LinkedIn   To ensure future delivery of email, please add admin@list.nationalunderwriter.com to your address book, contacts or safe sender list. You have received this email at %%merge members_.emailaddr_%%. Click here to unsubscribe from %%merge list.descshort%%. Copyright ©2015 The National Underwriter Company, A Division of ALM Media LLC. All rights reserved. 4157 Olympic Blvd., Suite 225 Erlanger, KY 41018 1-800-543-0874